ELEVAR DIGITEL INFRASTRUCTURE PRIVATE LIMITED AND ANR. vs KOLKATA MUNICIPAL CORPORATION AND ORS.

15.09.2026

sayandeep
Sl. No. ML 14
Ct. No. 03



WPA 11224 of 2025

Elevar Digital Infrastructure Private limited & anr.
Vs.
The KMC & ors.


Mr. Sakya Sen, sr. adv.
Mr. Satrajeet Sen
Mr. Rajesh Upadhyay
…. for the petitioners


Mr. Debanjan Mukherjee
….. for the KMC


1. The affidavit-of-service filed in Court today is taken
on record.
2. The present writ petition has been filed for a
direction upon the municipal authorities to withdraw
th
the demand dated 5 April, 2025 issued by the
municipal authorities in respect of the premises No.
184, P. Mazumdar Road, 74/3, P. Mazumdar Road,
opposite to ration Shop, P.O. Haltu, P.S. Kasba,
Kolkata 700078. The petitioner No. 1 is a company
established for carrying on business of providing
mobile telephone infrastructure facilities to
telecommunication service providers and is registered
as 1P/1 infrastructure service provider by the
department of telecommunication. The petitioner No.
1 claims to have also entered into an agreement for
th
leave and license with the private respondent on 20
June, 2008 in respect of a space measuring 1100

WPA 11224 of 2025

sq.ft. on the roof/terrace of a two storied building at
premises No. 74/3, P. Mazumdar Road, Kasba,
Kolkata 700078. According to the petitioners, the
licence was for a period of 15 years which expired on
th
19 June, 2018. It is also the petitioners’ case that
the above agreement was extended for a period of 15
th
years with a supplementary agreement dated 24
June, 2016 prior to the expiry of the same.
3. Mr. Sen, learned senior advocate representing the
petitioners would submit that so along the municipal
authorities were determining the annual value of the
petitioner No. 1’s premises based on the revenue
generated by the petitioners from the mobile tower.
However, having regard to the provisions contained
in the Telecommunication Act, 2023 which seeks to
repeal the provisions of Indian Telegraph Act, 1855
and the Indian wireless Telegraphic Act, 1933, and
by placing before this Court the notification dated
st
21 June, 2024 whereby amongst other Sections,
Sections 14 and 15 of the Telecommunication Act,
2023 has come into force, the municipal authorities
are no longer authorized to determine the annual
value on the basis of the revenue generated by the
petitioners from the mobile tower, since, according
to him, in terms of the Section 14 of the
Telecommunication Act, the facility provider shall not
have any right, title or interest in the property on
which telecommunication network is established,
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WPA 11224 of 2025

except the right to use the property as provided
under Sections 11 and 12 thereof. As such the
demand notice cannot be sustained.
4. Having heard the learned advocates appearing for the
respective parties and having regard to the
submissions made in Court and noting that the
Telecommunication Act, 2023 has come into force to
st
the extent indicated in the notification dated 21
June, 2024 and that the Telecommunication (Right of
Way), Rules, 2024 which has been framed by the
Government of India, has been directed to be deemed
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to have come into effect on and from 18 January,
th
2025, vide notification dated 15 May, 2026, I am of
the view it shall be prudent at this stage to direct the
municipal authorities to pass a reasoned order as
regards the representation made by the petitioners
th
dated 24 April, 2025 appearing at page 75 of the
writ petition. The municipal authorities are directed
to dispose of the representation in accordance with
law on an expeditious basis preferably within a
period of three weeks from the date of
communication of this order. Till such time a
decision is taken, the municipal authorities shall not
enforce the demand forming subject matter of
challenge in the writ petition. Accordingly, both the
writ petition and the connected application being
CAN 1 of 2026 are disposed of.
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WPA 11224 of 2025

5. It is made clear that this Court has not entered into
the merits of the matter. It shall be open to the
municipal authority to take an informed decision in
accordance with law.

(Raja Basu Chowdhury, J.)
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